Department of Defense (DoD) Science and Technology Reinvention Laboratory (STRL) Personnel Demonstration Project, 72462-72465 [2022-25690]
Download as PDF
<![CDATA[
72462
Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Notices
Needs and Uses: The information
collection is necessary to determine the
value and effectiveness of the George C.
Marshall European Center for Security
Studies via the feedback from the
Center’s Alumni population. We seek to
obtain quantifiable data, while offering
the ability to collect qualitative
responses, to help assess the Marshall
Center’s immediate and long terms
impacts on the security cooperation
enterprise. The Marshall Center will
offer the opportunity to complete this
digital, on-line survey to all alumni who
graduated from one of our in-resident
events from 2002–2022. The Alumni
Department within the Center maintains
and routinely updates the contact
details of our Alumni, and the Alumni
technicians will utilize this database to
send voluntary messages for Alumni to
participate in this survey.
Affected Public: Individuals or
households.
Annual Burden Hours: 2,250.
Number of Respondents: 6,750.
Responses per Respondent: 1.
Annual Responses: 6,750.
Average Burden per Response: 20
minutes.
Frequency: Annually.
Dated: November 18, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2022–25651 Filed 11–23–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense (DoD) Science
and Technology Reinvention
Laboratory (STRL) Personnel
Demonstration Project
Office of the Under Secretary of
Defense for Research and Engineering
(OUSD(R&E)), DoD.
ACTION: This notice provides a new
authority to all STRL Personnel
Demonstration Projects.
AGENCY:
STRLs with published
demonstration project plans may
implement the flexibility of a
supplemental pay provision based on
criteria as defined by the STRL director.
DATES: Implementation of this Federal
Register notice will begin no earlier
than November 25, 2022.
FOR FURTHER INFORMATION CONTACT:
Department of Defense:
• Office of Under Secretary of
Defense (Research and Engineering),
DoD Laboratories, Federally Funded
Research and Development Centers, and
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:43 Nov 23, 2022
Jkt 259001
University-Affiliated Research Centers
Office: Dr. James Petro, 571–286–6265,
James.B.Petro.civ@mail.mil.
Department of the Air Force:
• Air Force Research Laboratory: Ms.
Rosalyn Jones-Byrd, 937–656–9747,
Rosalyn.Jones-Byrd@us.af.mil.
• Joint Warfare Analysis Center: Ms.
Amy Balmaz, 540–653–8598,
Amy.T.Balmaz.civ@mail.mil.
Department of the Army:
• Army Futures Command: Ms.
Marlowe Richmond, 512–726–4397,
Marlowe.Richmond.civ@army.mil.
• Army Research Institute for the
Behavioral and Social Sciences: Dr.
Scott Shadrick, 254–288–3800,
Scottie.B.Shadrick.civ@army.mil.
• Combat Capabilities Development
Command’s Armaments Center: Mr.
Mike Nicotra, 973–724–7764,
Michael.J.Nicotra.civ@mail.mil.
• Combat Capabilities Development
Command’s Army Research Laboratory:
Mr. Christopher Tahaney, 410–278–
9069, Christopher.S.Tahaney.civ@
army.mil.
• Combat Capabilities Development
Command’s Aviation and Missile
Center: Ms. Nancy Salmon, 256–876–
9647, Nancy.C.Salmon2.civ@army.mil.
• Combat Capabilities Development
Command’s Chemical Biological Center:
Ms. Patricia Milwicz, 410–417–2343,
Patricia.L.Milwicz.civ@army.mil.
• Combat Capabilities Development
Command’s Command, Control,
Communications, Computers, Cyber,
Intelligence, Surveillance, and
Reconnaissance Center: Ms. Angela
Clybourn, 443–395–2110,
Angela.M.Clyborn.civ@army.mil.
• Combat Capabilities Development
Command’s Ground Vehicle Systems
Center: Ms. Jennifer Davis, 586–306–
4166, Jennifer.L.Davis1.civ@army.mil.
• Combat Capabilities Development
Command’s Soldier Center: Ms. Joelle
Montecalvo, 508–206–3421,
Joelle.K.Montecalvo.civ@army.mil.
• Engineer Research and
Development Center: Ms. Patricia
Sullivan, 601–634–3065,
Patricia.M.Sullivan@usace.army.mil.
• Medical Research and Development
Command: Ms. Linda Krout, 301–619–
7276, Linda.J.Krout.civ@mail.mil.
• Technical Center, Space, and
Missile Defense Command: Dr. Chad
Marshall, 256–955–5697,
Chad.J.Marshall.civ@army.mil.
Department of the Navy:
• Naval Air Warfare Center, Weapons
Division and Aircraft Division: Mr.
Richard Cracraft, 760–939–8115,
Richard.A.Cracraft2.civ@us.navy.mil.
• Naval Facilities Engineering
Command Engineering and
Expeditionary Warfare Center: Ms. Lori
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Leigh, 805–901–5917, Lori.A.Leigh@
us.navy.mil.
• Naval Information Warfare Centers:
Æ Naval Information Warfare Center
Atlantic: Mr. Michael Gagnon, 843–218–
3871, Michael.L.Gagnon2.civ@
us.navy.mil.
Æ Naval Information Warfare Center
Pacific: Ms. Angela Hanson, 619–553–
0833, Angela.Y.Hanson.civ@
us.navy.mil.
• Naval Medical Research Center: Dr.
Jill Phan, 301–319–7645,
Jill.C.Phan.civ@mail.mil.
• Naval Research Laboratory: Ms.
Ginger Kisamore, 202–767–3792,
Ginger.Kisamore@nrl.navy.mil.
• Naval Sea Systems Command
Warfare Centers: Ms. Diane Brown, 215–
897–1619, Diane.J.Brown.civ@
us.navy.mil.
• Office of Naval Research: Ms.
Margaret J. Mitchell, 703–588–2364,
Margaret.J.Mitchell@navy.mil.
SUPPLEMENTARY INFORMATION:
1. Background
Title 10 United States Code (U.S.C.)
4121 authorizes the Secretary of
Defense, through the Office of the Under
Secretary of Defense for Research and
Engineering (OUSD(R&E)), to exercise
the authorities granted to the Office of
Personnel Management (OPM) under 5
U.S.C. 4703 to conduct personnel
demonstration projects at DoD
laboratories designated as Science and
Technology Reinvention Laboratories
(STRLs). All STRLs authorized pursuant
to 10 U.S.C. 4121 may use the
provisions described in this Federal
Register Notice (FRN). STRLs
implementing these flexibilities must
have an approved personnel
demonstration project plan published in
an FRN and fulfill any collective
bargaining obligations. Each STRL will
establish internal operating procedures
as appropriate.
The 21 current STRLs are:
• Air Force Research Laboratory
• Joint Warfare Analysis Center
• Army Futures Command
• Army Research Institute for the
Behavioral and Social Sciences
• U.S. Army Combat Capabilities
Development Command’s Armaments
Center
• U.S. Army Combat Capabilities
Development Command’s Army
Research Laboratory
• U.S. Army Combat Capabilities
Development Command’s Aviation
and Missile Center
• U.S. Army Combat Capabilities
Development Command’s Chemical
Biological Center
• U.S. Army Combat Capabilities
Development Command’s Command,
E:\FR\FM\25NON1.SGM
25NON1
Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Notices
•
•
•
•
•
•
•
•
•
•
•
khammond on DSKJM1Z7X2PROD with NOTICES
•
Control, Communications, Computers,
Cyber, Intelligence, Surveillance, and
Reconnaissance Center
U.S. Army Combat Capabilities
Development Command’s Ground
Vehicle Systems Center
U.S. Army Combat Capabilities
Development Command’s Soldier
Center
U.S. Army Engineer Research and
Development Center
U.S. Army Medical Research and
Development Command
U.S. Army Space and Missile Defense
Command’s Technical Center
Naval Air Systems Command Warfare
Centers
Naval Facilities Engineering
Command Systems Engineering and
Expeditionary Warfare Center
Naval Information Warfare Centers,
Atlantic and Pacific
Naval Medical Research Center
Naval Research Laboratory
Naval Sea Systems Command Warfare
Centers
Office of Naval Research
2. Summary of Comments
On May 12, 2022, the Department of
Defense published a notice (87 FR
29134–29137) concerning this new
flexibility, for a 30-day public comment
period. The public comment period
ended on June 13, 2022. One commenter
posed several questions concerning
safeguards to ensure equitable
administration of the supplemental pay
authority. Specifically, the commenter
inquired about how supplemental pay
determinations will be made, how
employees will be notified about
opportunities to receive such pay, and
who will review and evaluate the
appropriateness of the determinations.
In addition, the commenter inquired
about whether and how a disparate
impact analysis would be conducted to
determine whether the supplemental
pay flexibility results in unintentional
discrimination based on race, gender,
age, or another protected category.
In response, the Department notes
that the criteria in Section II.A.
concerning supplemental pay rate
determinations are based on the criteria
in 5 Code of Federal Regulations (CFR)
530.304. STRL directors will evaluate
the need for establishing, increasing,
decreasing, or discontinuing
supplemental pay rate schedules, using
these factors. The frequency and results
of such evaluations will be documented
in Internal Operating Procedures. As
provided in the individual STRL
personnel demonstration project plans
and DoD instructions, STRL personnel
demonstration projects are continually
evaluated by external offices. Along
VerDate Sep<11>2014
18:43 Nov 23, 2022
Jkt 259001
with information about other STRL
flexibilities, information about the
supplemental pay flexibility will be
collected and analyzed to determine
whether it is a model personnel
practice. In addition, each STRL may
conduct internal evaluations to ensure
its flexibilities are appropriately
administered.
Additional changes were made to
clarify which positions within the STRL
are eligible for use of this flexibility.
Finally, the provision concerning
treatment of supplemental pay as
locality pay for purposes of determining
basic pay was removed.
3. Overview
I. Introduction
A. Purpose
Some STRLs have adopted
supplemental pay flexibilities that are
based on the OPM special salary rate
tables that provide for higher salaries
than the General Schedule (GS) tables.
This supplemental pay flexibility
permits STRLs to independently
establish supplemental pay rates based
on market conditions to help STRLs
attract, recruit, and retain a high caliber
workforce. Competing with private
sector compensation is particularly
challenging, especially in emerging
mission areas such as hypersonics,
autonomy, cybersecurity, and data
science.
B. Required Waivers to Law and
Regulation
Waivers and adaptations of certain
title 5 U.S.C. and title 5 CFR provisions
are required only to the extent that these
statutory and regulatory provisions limit
or are inconsistent with the actions
authorized under these demonstration
projects. Title 10 U.S.C. 4121(a)(5) states
that the limitations on pay fixed by
administrative action in 5 U.S.C. 5373
do not apply to the STRL demonstration
project authority to prescribe salary
schedules and other related benefits.
Appendix A lists waivers needed to
enact authorities described in this FRN.
Nothing in this plan is intended to
preclude the STRLs from adopting or
incorporating any law or regulation
enacted, adopted, or amended after the
effective date of this FRN.
C. Participating Organizations and
Employees
All DoD laboratories designated as
STRLs pursuant to 10 U.S.C. 4121(b), as
well as any additional laboratories
designated as STRLs by the Secretary of
Defense, through the USD(R&E), with
approved personnel demonstration
project plans published in FRNs may
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
72463
use the supplemental pay rate
provisions described in this FRN. The
supplemental pay flexibility may be
applied to all STRL employees included
within the personnel demonstration
project pursuant to subsection (c) of 10
U.S.C. 4121. It may be necessary to
review written agreements with respect
to the project, between the STRL and a
labor organization which is accorded
exclusive recognition under 5 U.S.C.
7101 et seq., to determine whether
certain STRL employees (e.g.,
employees whose pay is set in
accordance with 5 U.S.C. 5332 or the
‘‘General Schedule’’) are included in the
project and are therefore eligible for
supplemental pay using this authority.
Prevailing rate employees (as defined by
section 5342(a)(2) of title 5 U.S.C. and
senior executives (as defined by section
3132(a)(3) of such title) are not included
within personnel demonstration
projects and may not receive
supplemental pay pursuant to this FRN.
II. Personnel System Changes
A. Description and Implementation
STRL directors may establish
supplemental pay rates to be paid biweekly, as other pay, for those positions
which warrant higher compensation
than that provided by the established
broadband salary ranges, STRL staffing
supplements or differentials, or other
recruitment or retention authorities. The
STRL director may establish
supplemental pay rates by occupational
series, specialty, competency,
broadband level, and/or geographical
area. In establishing such rates, the
STRL director may consider: rates of
pay offered by non-Federal or other
alternative pay system employers that
are considerably higher than rates
payable by the STRL; the remoteness of
the area or location involved; the
undesirability of the working conditions
or nature of the work involved; evidence
that the position is of such a specialized
nature that very few candidates exist;
numbers of existing vacant positions
and the length of time vacant; numbers
of employees who have voluntarily left
positions; evidence to support a
conclusion that recruitment or retention
problems likely will develop (if such
problems do not already exist) or will
worsen; consideration of use of other
pay flexibilities as well as the use of
non-pay solutions; or any other
circumstances the STRL director
considers appropriate. Documentation
of the determination will be maintained
by the STRL.
This supplemental pay is in addition
to any other pay, such as locality-based
comparability payments authorized
E:\FR\FM\25NON1.SGM
25NON1
72464
Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Notices
under 5 U.S.C. 5304 and may result in
maximum salary above Level IV of the
Executive Schedule but may not exceed
Level I of the Executive Schedule.
The STRL director has an ongoing
responsibility to evaluate the need for
continuing payment of the
supplemental pay and shall terminate or
reduce the amount if conditions
warrant. Conditions to be considered
include: changes in labor-market factors;
whether the need for the services or
skills of the employee has decreased
such that it is no longer necessary to
incentivize employee recruitment or
retention; and budgetary considerations.
The reduction or termination of the
payment is not considered an adverse
action and may not be appealed or
grieved. The applicant or employee will
sign a statement of understanding
outlining that the supplement may be
reduced or terminated at any time based
on conditions as determined by the
STRL director. The documentation of
the determination will be maintained by
the STRL.
STRL demonstration project evaluation
processes conducted by the STRLs,
OUSD(R&E), or Component
headquarters, as appropriate.
B. Evaluation
Procedures for evaluating this
authority will be incorporated into the
III. Required Waivers to Law and
Regulations
C. Reports
STRLs will track and provide
information and data on the use of this
authority when requested by the
Component headquarters or
OUSD(R&E).
APPENDIX A—WAIVERS TO TITLE 5, U.S.C.
Title 5, United States Code
Title 5, Code of Federal Regulations
5 U.S.C. 5303(f)—Annual Adjustments to pay schedules. Waived to
allow pay (disregarding comparability pay) to exceed level V of the
Executive Schedule.
5 U.S.C. 5304(g)(1)—Locality-based comparability payments. Waived
to allow pay in excess of level IV of the Executive Schedule.
5 CFR Part 530, subpart B—Aggregate Limitation on Pay. Waived in
its entirety to allow STRL director to authorize supplemental pay as
defined in this FRN.
5 CFR Part 530.203—Administration of aggregate limitation on pay.
Waived to allow pay and allowances, differentials, bonuses, awards,
or other similar cash payments, including supplemental pay in excess of level I of the Executive Schedule.
5 CFR Part 531.606(a)—Maximum limits on locality rates. Waived to
allow pay in excess of level IV of the Executive Schedule.
5 CFR Part 531.606(b)(3)—Maximum limits on locality rates. Waived to
allow pay in excess of level IV of the Executive Schedule.
5
5
5
5
5
U.S.C. 5304(h)(1)(D)—Locality-based comparability payments.
Waived to allow pay in excess of level IV of the Executive Schedule.
U.S.C. 5305—Special Pay Authority. Waived in its entirety as to
allow the STRL director to establish supplemental pay and to allow
pay in excess of level IV of the Executive Schedule.
U.S.C. 5307—Limitation on certain payments. Waived to allow pay
and allowances,\, differentials, bonuses, awards, or other similar
cash payments, including supplemental pay in excess of Level I of
the Executive Schedule.
U.S.C 5373—Limitation on pay fixed by administrative action. Waived
to the extent necessary to allow basic pay and supplemental pay to
exceed level IV of the Executive Schedule.
U.S.C. 5547—Limitation on premium pay. Waived to the extent necessary to allow basic pay and supplemental pay to exceed level IV of
the Executive Schedule.
5 CFR Part 531.608—Relationship of locality rates to other pay rates.
Waived to apply the provisions of this FRN.
5 CFR Part 550.105—Premium Pay Biweekly maximum earnings limitation. Waived to the extent necessary to allow basic pay and supplemental pay to exceed level IV of the Executive Schedule.
APPENDIX B—AUTHORIZED STRLS AND FEDERAL REGISTER NOTICES
khammond on DSKJM1Z7X2PROD with NOTICES
STRL
Federal Register notice
Air Force Research Laboratory ................................................................
Joint Warfare Analysis Center ..................................................................
Army Futures Command ..........................................................................
Army Research Institute for Behavioral and Social Sciences .................
U.S. Army Combat Capabilities Development Command’s Armaments
Center.
U.S. Army Combat Capabilities Development Command’s Army Research Laboratory.
U.S. Army Combat Capabilities Development Command’s Aviation and
Missile Center.
U.S. Army Combat Capabilities Development Command’s Chemical Biological Center.
U.S. Army Combat Capabilities Development Command’s Command,
Control, Communications, Cyber, Intelligence, Surveillance, and Reconnaissance Center.
U.S. Army Combat Capabilities Development Command’s Ground Vehicle Systems Center.
U.S. Army Combat Capabilities Development Command’s Soldier Center.
U.S. Army Engineer Research and Development Center .......................
U.S. Army Medical Research and Development Command ....................
U.S. Army Space and Missile Defense Command’s Technical Center ...
Naval Air Systems Command Warfare Centers ......................................
Naval Facilities Engineering Command Systems Engineering and Expeditionary Warfare Center.
VerDate Sep<11>2014
18:43 Nov 23, 2022
Jkt 259001
PO 00000
Frm 00023
Fmt 4703
61 FR 60400 amended by 75 FR 53076.
85 FR 29414.
Not yet published.
85 FR 76038.
76 FR 3744.
63 FR 10680.
62 FR 34906 and 62 FR 34876 amended by 65 FR 53142 (AVRDEC
and AMRDEC merged).
74 FR 68936.
66 FR 54872.
76 FR 12508.
74 FR 68448.
63
63
85
76
86
FR
FR
FR
FR
FR
14580 amended by 65 FR 32135.
10440.
3339.
8530.
14084.
Sfmt 4703
E:\FR\FM\25NON1.SGM
25NON1
Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Notices
72465
APPENDIX B—AUTHORIZED STRLS AND FEDERAL REGISTER NOTICES—Continued
STRL
Federal Register notice
Naval Information Warfare Centers, Atlantic and Pacific .........................
Naval Medical Research Center ..............................................................
Naval Research Laboratory ......................................................................
Naval Sea Systems Command Warfare Centers ....................................
Office of Naval Research .........................................................................
Dated: November 18, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
[FR Doc. 2022–25690 Filed 11–23–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Navy
[Docket ID: USN–2022–HQ–0031]
FOR FURTHER INFORMATION CONTACT:
Proposed Collection; Comment
Request
Department of the Navy,
Department of Defense (DoD).
ACTION: 60-Day information collection
notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Department of the Navy announces a
proposed public information collection
and seeks public comment on the
provisions thereof. Comments are
invited on: whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by January 24, 2023.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of
the Assistant to the Secretary of Defense
for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate,
4800 Mark Center Drive, Mailbox #24,
Suite 08D09, Alexandria, VA 22350–
1700.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:43 Nov 23, 2022
Jkt 259001
76 FR 1924.
Not yet published.
64 FR 33970.
62 FR 64050.
75 FR 77380.
To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to Office of the Department
of the Navy Information Management
Control Officer, 2000 Navy Pentagon,
Rm. 4E563, Washington, DC 20350, or
call Ms. Sonya Martin at 703–614–7585.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Application Forms Booklet,
Naval Reserve Officers Training Corps
Scholarship Program; OMB Control
Number 0703–0026.
Needs and Uses: This collection of
information is necessary to make a
determination of an applicant’s
academic and/or leadership potential
and eligibility for an NROTC
scholarship. The information collected
is used to select the best-qualified
candidates.
Affected Public: Individuals or
households.
Annual Burden Hours: 49,000.
Number of Respondents: 14,000.
Responses per Respondent: 7.
Annual Responses: 98,000.
Average Burden per Response: 30
minutes.
Frequency: Annually.
Dated: November 18, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2022–25641 Filed 11–23–22; 8:45 am]
BILLING CODE 3810–FF–P
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
DEPARTMENT OF DEFENSE
Department of the Navy
[Docket ID: USN–2022–HQ–0032]
Proposed Collection; Comment
Request
Department of the Navy,
Department of Defense (DoD).
ACTION: 60-Day information collection
notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Department of the Navy announces a
proposed public information collection
and seeks public comment on the
provisions thereof. Comments are
invited on: whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by January 24, 2023.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of
the Assistant to the Secretary of Defense
for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate,
4800 Mark Center Drive, Mailbox #24,
Suite 08D09, Alexandria, VA 22350–
1700.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
SUMMARY:
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Pages 72462-72465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25690]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense (DoD) Science and Technology Reinvention
Laboratory (STRL) Personnel Demonstration Project
AGENCY: Office of the Under Secretary of Defense for Research and
Engineering (OUSD(R&E)), DoD.
ACTION: This notice provides a new authority to all STRL Personnel
Demonstration Projects.
-----------------------------------------------------------------------
SUMMARY: STRLs with published demonstration project plans may implement
the flexibility of a supplemental pay provision based on criteria as
defined by the STRL director.
DATES: Implementation of this Federal Register notice will begin no
earlier than November 25, 2022.
FOR FURTHER INFORMATION CONTACT:
Department of Defense:
Office of Under Secretary of Defense (Research and
Engineering), DoD Laboratories, Federally Funded Research and
Development Centers, and University-Affiliated Research Centers Office:
Dr. James Petro, 571-286-6265, [email protected].
Department of the Air Force:
Air Force Research Laboratory: Ms. Rosalyn Jones-Byrd,
937-656-9747, [email protected].
Joint Warfare Analysis Center: Ms. Amy Balmaz, 540-653-
8598, [email protected].
Department of the Army:
Army Futures Command: Ms. Marlowe Richmond, 512-726-4397,
[email protected].
Army Research Institute for the Behavioral and Social
Sciences: Dr. Scott Shadrick, 254-288-3800,
[email protected].
Combat Capabilities Development Command's Armaments
Center: Mr. Mike Nicotra, 973-724-7764, [email protected].
Combat Capabilities Development Command's Army Research
Laboratory: Mr. Christopher Tahaney, 410-278-9069,
[email protected].
Combat Capabilities Development Command's Aviation and
Missile Center: Ms. Nancy Salmon, 256-876-9647,
[email protected].
Combat Capabilities Development Command's Chemical
Biological Center: Ms. Patricia Milwicz, 410-417-2343,
[email protected].
Combat Capabilities Development Command's Command,
Control, Communications, Computers, Cyber, Intelligence, Surveillance,
and Reconnaissance Center: Ms. Angela Clybourn, 443-395-2110,
[email protected].
Combat Capabilities Development Command's Ground Vehicle
Systems Center: Ms. Jennifer Davis, 586-306-4166,
[email protected].
Combat Capabilities Development Command's Soldier Center:
Ms. Joelle Montecalvo, 508-206-3421, [email protected].
Engineer Research and Development Center: Ms. Patricia
Sullivan, 601-634-3065, [email protected].
Medical Research and Development Command: Ms. Linda Krout,
301-619-7276, [email protected].
Technical Center, Space, and Missile Defense Command: Dr.
Chad Marshall, 256-955-5697, [email protected].
Department of the Navy:
Naval Air Warfare Center, Weapons Division and Aircraft
Division: Mr. Richard Cracraft, 760-939-8115,
[email protected].
Naval Facilities Engineering Command Engineering and
Expeditionary Warfare Center: Ms. Lori Leigh, 805-901-5917,
[email protected].
Naval Information Warfare Centers:
[cir] Naval Information Warfare Center Atlantic: Mr. Michael
Gagnon, 843-218-3871, [email protected].
[cir] Naval Information Warfare Center Pacific: Ms. Angela Hanson,
619-553-0833, [email protected].
Naval Medical Research Center: Dr. Jill Phan, 301-319-
7645, [email protected].
Naval Research Laboratory: Ms. Ginger Kisamore, 202-767-
3792, [email protected].
Naval Sea Systems Command Warfare Centers: Ms. Diane
Brown, 215-897-1619, [email protected].
Office of Naval Research: Ms. Margaret J. Mitchell, 703-
588-2364, [email protected].
SUPPLEMENTARY INFORMATION:
1. Background
Title 10 United States Code (U.S.C.) 4121 authorizes the Secretary
of Defense, through the Office of the Under Secretary of Defense for
Research and Engineering (OUSD(R&E)), to exercise the authorities
granted to the Office of Personnel Management (OPM) under 5 U.S.C. 4703
to conduct personnel demonstration projects at DoD laboratories
designated as Science and Technology Reinvention Laboratories (STRLs).
All STRLs authorized pursuant to 10 U.S.C. 4121 may use the provisions
described in this Federal Register Notice (FRN). STRLs implementing
these flexibilities must have an approved personnel demonstration
project plan published in an FRN and fulfill any collective bargaining
obligations. Each STRL will establish internal operating procedures as
appropriate.
The 21 current STRLs are:
Air Force Research Laboratory
Joint Warfare Analysis Center
Army Futures Command
Army Research Institute for the Behavioral and Social Sciences
U.S. Army Combat Capabilities Development Command's Armaments
Center
U.S. Army Combat Capabilities Development Command's Army
Research Laboratory
U.S. Army Combat Capabilities Development Command's Aviation
and Missile Center
U.S. Army Combat Capabilities Development Command's Chemical
Biological Center
U.S. Army Combat Capabilities Development Command's Command,
[[Page 72463]]
Control, Communications, Computers, Cyber, Intelligence, Surveillance,
and Reconnaissance Center
U.S. Army Combat Capabilities Development Command's Ground
Vehicle Systems Center
U.S. Army Combat Capabilities Development Command's Soldier
Center
U.S. Army Engineer Research and Development Center
U.S. Army Medical Research and Development Command
U.S. Army Space and Missile Defense Command's Technical Center
Naval Air Systems Command Warfare Centers
Naval Facilities Engineering Command Systems Engineering and
Expeditionary Warfare Center
Naval Information Warfare Centers, Atlantic and Pacific
Naval Medical Research Center
Naval Research Laboratory
Naval Sea Systems Command Warfare Centers
Office of Naval Research
2. Summary of Comments
On May 12, 2022, the Department of Defense published a notice (87
FR 29134-29137) concerning this new flexibility, for a 30-day public
comment period. The public comment period ended on June 13, 2022. One
commenter posed several questions concerning safeguards to ensure
equitable administration of the supplemental pay authority.
Specifically, the commenter inquired about how supplemental pay
determinations will be made, how employees will be notified about
opportunities to receive such pay, and who will review and evaluate the
appropriateness of the determinations. In addition, the commenter
inquired about whether and how a disparate impact analysis would be
conducted to determine whether the supplemental pay flexibility results
in unintentional discrimination based on race, gender, age, or another
protected category.
In response, the Department notes that the criteria in Section
II.A. concerning supplemental pay rate determinations are based on the
criteria in 5 Code of Federal Regulations (CFR) 530.304. STRL directors
will evaluate the need for establishing, increasing, decreasing, or
discontinuing supplemental pay rate schedules, using these factors. The
frequency and results of such evaluations will be documented in
Internal Operating Procedures. As provided in the individual STRL
personnel demonstration project plans and DoD instructions, STRL
personnel demonstration projects are continually evaluated by external
offices. Along with information about other STRL flexibilities,
information about the supplemental pay flexibility will be collected
and analyzed to determine whether it is a model personnel practice. In
addition, each STRL may conduct internal evaluations to ensure its
flexibilities are appropriately administered.
Additional changes were made to clarify which positions within the
STRL are eligible for use of this flexibility. Finally, the provision
concerning treatment of supplemental pay as locality pay for purposes
of determining basic pay was removed.
3. Overview
I. Introduction
A. Purpose
Some STRLs have adopted supplemental pay flexibilities that are
based on the OPM special salary rate tables that provide for higher
salaries than the General Schedule (GS) tables. This supplemental pay
flexibility permits STRLs to independently establish supplemental pay
rates based on market conditions to help STRLs attract, recruit, and
retain a high caliber workforce. Competing with private sector
compensation is particularly challenging, especially in emerging
mission areas such as hypersonics, autonomy, cybersecurity, and data
science.
B. Required Waivers to Law and Regulation
Waivers and adaptations of certain title 5 U.S.C. and title 5 CFR
provisions are required only to the extent that these statutory and
regulatory provisions limit or are inconsistent with the actions
authorized under these demonstration projects. Title 10 U.S.C.
4121(a)(5) states that the limitations on pay fixed by administrative
action in 5 U.S.C. 5373 do not apply to the STRL demonstration project
authority to prescribe salary schedules and other related benefits.
Appendix A lists waivers needed to enact authorities described in this
FRN. Nothing in this plan is intended to preclude the STRLs from
adopting or incorporating any law or regulation enacted, adopted, or
amended after the effective date of this FRN.
C. Participating Organizations and Employees
All DoD laboratories designated as STRLs pursuant to 10 U.S.C.
4121(b), as well as any additional laboratories designated as STRLs by
the Secretary of Defense, through the USD(R&E), with approved personnel
demonstration project plans published in FRNs may use the supplemental
pay rate provisions described in this FRN. The supplemental pay
flexibility may be applied to all STRL employees included within the
personnel demonstration project pursuant to subsection (c) of 10 U.S.C.
4121. It may be necessary to review written agreements with respect to
the project, between the STRL and a labor organization which is
accorded exclusive recognition under 5 U.S.C. 7101 et seq., to
determine whether certain STRL employees (e.g., employees whose pay is
set in accordance with 5 U.S.C. 5332 or the ``General Schedule'') are
included in the project and are therefore eligible for supplemental pay
using this authority. Prevailing rate employees (as defined by section
5342(a)(2) of title 5 U.S.C. and senior executives (as defined by
section 3132(a)(3) of such title) are not included within personnel
demonstration projects and may not receive supplemental pay pursuant to
this FRN.
II. Personnel System Changes
A. Description and Implementation
STRL directors may establish supplemental pay rates to be paid bi-
weekly, as other pay, for those positions which warrant higher
compensation than that provided by the established broadband salary
ranges, STRL staffing supplements or differentials, or other
recruitment or retention authorities. The STRL director may establish
supplemental pay rates by occupational series, specialty, competency,
broadband level, and/or geographical area. In establishing such rates,
the STRL director may consider: rates of pay offered by non-Federal or
other alternative pay system employers that are considerably higher
than rates payable by the STRL; the remoteness of the area or location
involved; the undesirability of the working conditions or nature of the
work involved; evidence that the position is of such a specialized
nature that very few candidates exist; numbers of existing vacant
positions and the length of time vacant; numbers of employees who have
voluntarily left positions; evidence to support a conclusion that
recruitment or retention problems likely will develop (if such problems
do not already exist) or will worsen; consideration of use of other pay
flexibilities as well as the use of non-pay solutions; or any other
circumstances the STRL director considers appropriate. Documentation of
the determination will be maintained by the STRL.
This supplemental pay is in addition to any other pay, such as
locality-based comparability payments authorized
[[Page 72464]]
under 5 U.S.C. 5304 and may result in maximum salary above Level IV of
the Executive Schedule but may not exceed Level I of the Executive
Schedule.
The STRL director has an ongoing responsibility to evaluate the
need for continuing payment of the supplemental pay and shall terminate
or reduce the amount if conditions warrant. Conditions to be considered
include: changes in labor-market factors; whether the need for the
services or skills of the employee has decreased such that it is no
longer necessary to incentivize employee recruitment or retention; and
budgetary considerations. The reduction or termination of the payment
is not considered an adverse action and may not be appealed or grieved.
The applicant or employee will sign a statement of understanding
outlining that the supplement may be reduced or terminated at any time
based on conditions as determined by the STRL director. The
documentation of the determination will be maintained by the STRL.
B. Evaluation
Procedures for evaluating this authority will be incorporated into
the STRL demonstration project evaluation processes conducted by the
STRLs, OUSD(R&E), or Component headquarters, as appropriate.
C. Reports
STRLs will track and provide information and data on the use of
this authority when requested by the Component headquarters or
OUSD(R&E).
III. Required Waivers to Law and Regulations
Appendix A--Waivers to Title 5, U.S.C.
------------------------------------------------------------------------
Title 5, Code of Federal
Title 5, United States Code Regulations
------------------------------------------------------------------------
5 U.S.C. 5303(f)--Annual Adjustments to 5 CFR Part 530, subpart B--
pay schedules. Waived to allow pay Aggregate Limitation on Pay.
(disregarding comparability pay) to Waived in its entirety to
exceed level V of the Executive allow STRL director to
Schedule. authorize supplemental pay as
defined in this FRN.
5 U.S.C. 5304(g)(1)--Locality-based 5 CFR Part 530.203--
comparability payments. Waived to Administration of aggregate
allow pay in excess of level IV of the limitation on pay. Waived to
Executive Schedule. allow pay and allowances,
differentials, bonuses,
awards, or other similar cash
payments, including
supplemental pay in excess of
level I of the Executive
Schedule.
5 U.S.C. 5304(h)(1)(D)--Locality-based 5 CFR Part 531.606(a)--Maximum
comparability payments. Waived to limits on locality rates.
allow pay in excess of level IV of the Waived to allow pay in excess
Executive Schedule. of level IV of the Executive
Schedule.
5 U.S.C. 5305--Special Pay Authority. 5 CFR Part 531.606(b)(3)--
Waived in its entirety as to allow the Maximum limits on locality
STRL director to establish rates. Waived to allow pay in
supplemental pay and to allow pay in excess of level IV of the
excess of level IV of the Executive Executive Schedule.
Schedule.
5 U.S.C. 5307--Limitation on certain 5 CFR Part 531.608--
payments. Waived to allow pay and Relationship of locality rates
allowances,\, differentials, bonuses, to other pay rates. Waived to
awards, or other similar cash apply the provisions of this
payments, including supplemental pay FRN.
in excess of Level I of the Executive
Schedule.
5 U.S.C 5373--Limitation on pay fixed ...............................
by administrative action. Waived to
the extent necessary to allow basic
pay and supplemental pay to exceed
level IV of the Executive Schedule.
5 U.S.C. 5547--Limitation on premium 5 CFR Part 550.105--Premium Pay
pay. Waived to the extent necessary to Biweekly maximum earnings
allow basic pay and supplemental pay limitation. Waived to the
to exceed level IV of the Executive extent necessary to allow
Schedule. basic pay and supplemental pay
to exceed level IV of the
Executive Schedule.
------------------------------------------------------------------------
Appendix B--Authorized STRLs and Federal Register Notices
------------------------------------------------------------------------
STRL Federal Register notice
------------------------------------------------------------------------
Air Force Research Laboratory.......... 61 FR 60400 amended by 75 FR
53076.
Joint Warfare Analysis Center.......... 85 FR 29414.
Army Futures Command................... Not yet published.
Army Research Institute for Behavioral 85 FR 76038.
and Social Sciences.
U.S. Army Combat Capabilities 76 FR 3744.
Development Command's Armaments Center.
U.S. Army Combat Capabilities 63 FR 10680.
Development Command's Army Research
Laboratory.
U.S. Army Combat Capabilities 62 FR 34906 and 62 FR 34876
Development Command's Aviation and amended by 65 FR 53142 (AVRDEC
Missile Center. and AMRDEC merged).
U.S. Army Combat Capabilities 74 FR 68936.
Development Command's Chemical
Biological Center.
U.S. Army Combat Capabilities 66 FR 54872.
Development Command's Command,
Control, Communications, Cyber,
Intelligence, Surveillance, and
Reconnaissance Center.
U.S. Army Combat Capabilities 76 FR 12508.
Development Command's Ground Vehicle
Systems Center.
U.S. Army Combat Capabilities 74 FR 68448.
Development Command's Soldier Center.
U.S. Army Engineer Research and 63 FR 14580 amended by 65 FR
Development Center. 32135.
U.S. Army Medical Research and 63 FR 10440.
Development Command.
U.S. Army Space and Missile Defense 85 FR 3339.
Command's Technical Center.
Naval Air Systems Command Warfare 76 FR 8530.
Centers.
Naval Facilities Engineering Command 86 FR 14084.
Systems Engineering and Expeditionary
Warfare Center.
[[Page 72465]]
Naval Information Warfare Centers, 76 FR 1924.
Atlantic and Pacific.
Naval Medical Research Center.......... Not yet published.
Naval Research Laboratory.............. 64 FR 33970.
Naval Sea Systems Command Warfare 62 FR 64050.
Centers.
Office of Naval Research............... 75 FR 77380.
------------------------------------------------------------------------
Dated: November 18, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2022-25690 Filed 11-23-22; 8:45 am]
BILLING CODE 5001-06-P
